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Fitchburg man who police say ran over victim's foot is arraigned

Sentinel & Enterprise

Updated:
11/06/2012 06:33:17 AM EST

FITCHBURG -- A 19-year-old Fitchburg man was arraigned in Fitchburg District Court on Monday on charges relating to a September incident in which he allegedly ran over the foot of a Longsjo Middle School staff member, according to court documents.

Wilfredo Fernandez, 19, of 74 Autumn Drive, is charged with negligent operation of a motor vehicle, failure to drive in the right lane, and assault and battery with a dangerous weapon.

According to a police report included with court documents, on Sept. 7, Fernandez drove around stopped traffic on Pleasant Street in the opposite travel lane, stopping his orange 1993 Honda Civic briefly as the alleged victim stepped in the way to let children cross the street. As the man began to move out of the way, Fernandez then allegedly drove toward him, hitting him in the shin and running over his foot.

"This occurred while schoolchildren were being dismissed and created an extremely dangerous situation for kids and staff," Officer Michael Chandler wrote.

In another report by Chandler, Fernandez said he was in a hurry to get to work and that he would have stopped if he'd realized what he had done.

Fernandez was released on personal recognizance and is due back in court Dec. 11.

Teen charged with antagonizing troopers

FITCHBURG -- A Fitchburg teen is facing charges after he allegedly initiated a scuffle with several state troopers who were attempting to apprehend his father for a violation of his probation Friday, according to court documents.

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Christian A. Loureiro Nieves, 17, of 48 Lunenburg St., No. 1, is charged with assault and battery on a police officer and resisting arrest. His father, Rafael Loureiro, 41, was charged with the same offenses.

According to a report included in court documents, Trooper Michael Travers said he witnessed Loureiro driving on Lunenburg Street with a revoked license Friday evening, a violation of his probation for a previous OUI and related offenses, and followed him to his home. When Travers went to arrest him, several younger males came out of the house yelling and screaming at him and the other trooper on the scene.

Several times, Loureiro "pushed off of" Travers and fled into different areas of the home while members of his family, including an elderly woman, stood in the way of his arrest, Travers wrote.

The two troopers left, and seven returned a few hours later with a warrant charging Loureiro with violation of a probation warrant, and members of his family continued to stand in the way of his arrest while he fled to other parts of the home, according to the report. While Travers and another trooper struggled to place Loureiro in cuffs, Loureiro Nieves grabbed and pushed three of the troopers in an attempt to interfere with the arrest, Travers wrote.

Loureiro Nieves was released on personal recognizance. He is due back in court on Dec. 18.

Fitchburg man, woman face drug charges

FITCHBURG -- A Fitchburg couple were arraigned in Fitchburg District Court on Monday on drug-distribution charges -- the second time for both -- stemming from an August incident in which a state trooper believed them to be selling narcotics, according to court documents.

Angela Y. Tocci, 38, of 86 Milk St., No. 2, is charged with possession of a Class B drug with intent to distribute (subsequent offense), conspiracy to violate drug law and operating a motor vehicle with a suspended license. Marc A. Merchant, 48, of 1045 Franklin Road, is charged with possession of a Class B drug with intent to distribute (subsequent offense), possession of a Class D drug with intent to distribute (subsequent offense) and conspiracy to violate drug laws.

According to a report included in court documents, on Aug. 13, Trooper Shawn McIntyre observed three vehicles parked on Howard Street with their respective drivers remaining in their streets and not appearing to patronize the nearby gas station. McIntyre said he then saw a Chrysler Minivan drive up, and Merchant jump out and engage in brief interactions with people in each of the vehicles, which then quickly drove off.

A search of Merchant, Tocci and the vehicle turned up 44 Percocet pills, an unspecified amount of marijuana and $1,173 in cash, McIntyre wrote.

Merchant and Tocci were released on personal recognizance and are due back in court on Dec. 18.

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